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Kayamat Khan v. State Of Chhattisgarh

Kayamat Khan v. State Of Chhattisgarh

(High Court Of Chhattisgarh)

Miscellaneous Criminal Case No. 1284 Of 2004 | 15-07-2004

FAKHRUDDIN, J.

(1.) Shri Arun Kochar for the applicant. Shri Sandeep Dubey, Penal Lawyer, for the State. Heard.

(2.) The applicant is being prosecute for an offence punishable under Sections 363, 366, 376 and 368/34 of IPC.

(3.) It is submitted that the allegation against the applicant is that the accused alongwith the prosecutrix had remained in his house for three days. It is further submitted that there is no allegation against the applicant regarding commission of rape upon the prosecutrix. It is also submitted that the applicant is in jail since 4/4/2004.

(4.) State counsel is not in a position to dispute the above facts.

(5.) Having considered the facts and circumstances, the material on record and the period during which the applicant remained in jail, the application for bail is allowed. It is directed that the applicant be enlarged on bail on his furnishing a personal bond in the sum of Rs. 20,000.00 with two sureties of Rs. 10,000.00 each to the satisfaction of trial court concerned. The bond shall contain the photographs, crime number and the details of the moveable and immovable properties of the applicant. Before accepting the bond, copy of the same shall be handed over to the prosecution. The applicant shall appear before the trial court on each and every date of hearing during trial. He shall not repeat the offence and shall not tamper with the prosecution evidence. Certified copy as per rules. Petition allowed.

Advocate List
  • For the Appearing Parties Arun Kochar, Sandeep Dubey, Advocates.
Bench
  • HON'BLE MR. JUSTICE FAKHRUDDIN
Eq Citations
  • LQ/ChatHC/2004/47
Head Note

Criminal Law — Bail — Rape — Applicant accused of cohabiting with prosecutrix for 3 days — No evidence of rape — Bail granted considering applicant spent 4 months in jail.